August 2010

Anticompetitive practices

 The US Court of Appeals for the Federal Circuit clarifies requirements for the patent misuses (Princo)
IPR University Center (Helsinki)
Finland 29 contributions 5309 visits
U.S. Federal Circuit (en banc) finds no patent misuse in Princo* On 30 August 2010 the U.S. Court of Appeals for the Federal Circuit (en banc, 8-2) found – in contrast to an earlier ruling by a panel of the Court – that an alleged agreement between Philips Corp. and Sony Corp. to suppress a (...)

The Danish Supreme Court enhances fines in case involving anticompetitive practices in the bus transport industry (Danske Busvognmænd)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 31 contributions 36560 visits
On 30 August 2010 the Danish Supreme Court (Højesteret) handed down a judgment in the case of the Public Prosecutor vs. Danske Busvognmaend (Danish Bus Operators) in a case regarding anticompetitive practices. Only the question of the amount of the fine was at issue before the Danish Supreme (...)

The Danish Supreme Court enhances fines in case involving anticompetitive practices in the Christmas tree industry (Dansk Juletræsdyrkerforening)
Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Denmark 31 contributions 36560 visits
On 30 August 2010 the Danish Supreme Court (Højesteret) handed down a judgment in the case of the Public Prosecutor vs. Dansk Juletraesdyrkerforening (Danish Christmas tree Growers Association) in a case regarding anticompetitive practices (price recommendations). Only the question of the amount (...)

The Latvian Competition authority fines members of the association of auditors for price fixing cartel (Latvian Association of Certified Auditors)
Vilgerts (Riga)
Latvia 2 contributions 713 visits
I. Summary of the case This case is of interest, since this is the only second time in the history of Latvian competition law that the members of the so-called “liberal” profession are fined for the breach of Latvian Competition Law. In 2007 the Competition Council found the members of the (...)

The Belgian Competition Council condemns a real estate agents’ association for infringing the Belgian and European competition rules by adopting and publishing recommended minimum fees (Professional Institute of Real Estate Agents)
European Commission
Belgium 714 contributions 215580 visits
Belgium: Minimum tariffs for Real Estate Transactions prohibited On 26 August 2010, the Competition Council decided that the Professional Institute of Real Estate Agents had infringed the Belgian and European competition rules (Article 101 TFEU) by adopting and publishing recommended minimum (...)

The Belgian Competition Authority issues an infringement decision for the imposition of minimum prices by the Belgian professional association of real estate agents and orders the publication of its decision (Professional Institute of Real Estate Agents)
Lexing (Liège)
Belgium 20 contributions 15906 visits
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NÔRI (Argenteau)
1 contribution 131 visits
I. The parties The Beroepsinstituut van Vastgoedmakelaars (hereinafter: “BIV”) is the Belgian professional association for real estate agents. BIV is responsible to regulate multiple aspects of the profession (such as fees) and to maintain standards and discipline in the profession. BIV (...)

The UK Court of Appeal grants permission to appeal and proceed to a full trial on defence against trademark infringement allegations (Oracle / M-Tech)
Ashurst (Milan)
Italy 102 contributions 28507 visits
English Court of Appeal allows M-Tech’s appeal against Oracle* On 28 August 2010, the English Court of Appeal issued a judgment setting aside an order for summary judgment by the High Court of Justice, thus granting M-Tech permission to appeal and proceed to a full trial to defend itself (...)

A US Court of Appeals finds that in order to allege a viable vertical restraint claim a plaintiff must plausibly allege the defendant’s market power (PSKS / Leegin Creative Leather Products)
Sheppard Mullin (Los Angeles)
United States 46 contributions 7708 visits
Fifth Circuit Dismisses Leegin Resale Price Maintenance Case Anew, Following Supreme Court Remand* In 2007, the United States Supreme Court, updating the application of the cumulative advances in antitrust economics as applied to vertical restraint cases, overruled the venerable Dr. Miles Med. (...)

The Dutch Trade and Industry Appeals Tribunal holds that undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchanges do not have any effect on their conduct on the market (KPN / Orange / Telfort / T-Mobile / Vodafone Libertel)
European Commission - DG COMP (Brussels)
Belgium 46 contributions 199082 visits
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European Court of Justice (Luxembourg)
Luxembourg 23 contributions 87159 visits
The Dutch Trade and Industry Appeals Tribunal has held that by virtue of Article 6 of the ECHR, undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange did not have any effect on their (...)

The German Competition Authority imposes € 91 M fine on steam boiler cartel (Alstom Power, Babcock, Steinmüller and Lentjes)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89875 visits
According to a press release of 12 August 2010, the German Federal Cartel Office (”FCO”) has imposed a fine of € 91 million on Alstom Power Systems GmbHand two of its former managers for fixing prices and quotas and allocating customers for steam boilers. According to the FCO, from the 1990s (...)

The Finnish Competition Authority issues a study on EU Competition rules concerning technology agreements
European Commission
Belgium 714 contributions 215580 visits
Finland: Study on EU Competition Rules concerning Technology Agreements* On 12 August 2010, the Ministry of Employment and the Economy published a report on competition rules applicable to technology agreements prepared by the Finnish Competition Authority. This report examines how EU (...)

The Bulgarian Supreme Administrative Court dismisses liability for participation in a cartel when the undertaking is not active in the market concerned (Vegetable Oil Cartel)
Kinstellar (Sofia)
Bulgaria 32 contributions 85814 visits
The Bulgarian Supreme Administrative Court (the “SAC”) dismissed liability for participation in a hard-core agreement with respect to parties that were not active in the market concerned by it. The grounds of judgment do not reveal a particular rationale behind it. However, the ruling invites (...)

The Spanish Competition Authority fines road transport forwarding agents cartel (Blue Water Shipping España / DHL Express Barcelona Spain / Deutsche Post...)
Van Bael & Bellis (Brussels)
Belgium 380 contributions 89875 visits
According to a press release of 5 August 2010, the Spanish Competition Authority has fined seven undertakings active as road transport forwarding agents for entering into a price-fixing cartel concerning cross-border road transport. The undertakings involved were Blue Water Shipping España, DHL (...)

A U.S. District Court allows challenge to alleged conspiracy formed through public statements (AirTran, Delta)
Jones Day (Washington)
United States 17 contributions 14057 visits
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Jones Day (Houston)
United States 33 contributions 15377 visits
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Jones Day (Washington)
United States 23 contributions 11187 visits
A recent court decision on alleged “signaling” of competitive plans between airlines highlights the antitrust risks of making detailed public statements about future business plans. On August 2, 2010, a federal district court in Atlanta refused to dismiss an airline passenger class action (...)

The Attorney General of Connecticut investigates potentially anticompetitive agreements between e-book publishers and sellers (Apple / Amazon)
IPR University Center (Helsinki)
Finland 29 contributions 5309 visits
Attorney General of Connecticut investigating agreements on e-books* On 2 August 2010 the Attorney General of Connecticut announced an investigation into agreements between e-book publishers and sellers that may encourage coordinated pricing and prevent discounting of e-books. In particular, (...)

Unilateral Practices

 The Croatian Competition Authority rejects a complaint for abuse of dominant position in the telecommunication sector (B.net / Hrvatski Telekom)
Croatian Competition Agency (Zagreb)
Croatia 112 contributions 17852 visits
B.net’s complaint rejected* The complaint made by the undertaking B.net Hrvatska d.o.o. against the undertaking Hrvatski Telekom d.d. concerning the alleged abuse of a dominant position in the leased lines market and in the pay TV service market (IPTV service) was rejected by the Croatian (...)

The US Court of Appeals for the Federal Circuit limits patent misuse doctrine and distinguishes it from antitrust violation (Princo)
Jones Day (Washington)
United States 17 contributions 14057 visits
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Law Office of KRAdamo (Chicago)
United States 1 contribution 1156 visits
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Jones Day (Cleveland)
United States 12 contributions 4440 visits
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The U.S. Court of Appeals for the Federal Circuit issued an en banc decision with significant implications for the doctrine of patent misuse. The decision issued last week overturns part of a Federal Circuit panel decision last year holding that Philips may have committed patent misuse by (...)

The Swedish Competition Authority orders electrical company, subject to a fine, to connect the street and road lightning network installed by the municipality, to the company’s electricity mains (Ekfors)
Vinge (Stockholm)
Sweden 18 contributions 18539 visits
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Cosmetics Europe (Brussels)
Belgium 10 contributions 3085 visits
Introduction In the hope of putting an end to a lengthy dispute whereby the inhabitants of the municipality of Haparanda in the north of Sweden had been regularly deprived of street light during the winter seasons, the Swedish competition authority ordered Ekfors Kraft, subject to a fine, to (...)

The Hellenic Competition Commission rejects complaint and reports that allege refusal to supply constitutes an abuse of dominance (Ioannis Georganas / Odeon, Prooptiki / Village Roadshow / United International Pictures)
TM Law Offices (San Diego)
United States 2 contributions 1909 visits
The case concerned a complaint lodged before the Hellenic Competition Commission (hereinafter HCC) by Ioannis Georganas (hereinafter the complainant), regarding allegations that Odeon SA and Prooptiki SA had violated Articles 1, 2 and 2a of Law 703/1977 (the domestic equivalents of Articles 101 (...)

The Polish Competition Authority accepts commitments from the authors’ association concerning copyrights management agreements under Polish and EU competition law (ZAiKS)
WilmerHale (Brussels)
Belgium 5 contributions 7067 visits
Market structure and dominant position ZAiKS is the largest association of authors and composers in Poland and the sole active on the market for collective management of copyrights for vocal and musical works. This market was considered by the Polish Office of Competition and Consumer (...)

The Polish Competition Authority issues first commitment decision on the basis of EU Law (ZAiKS)
European Commission
Belgium 714 contributions 215580 visits
Poland: UOKiK issues first Commitment Decision on the Basis of EU Law On 24 August 2010, the President of the Polish Office of Competition and Consumer Protection (UOKiK) issued the UOKiK‘s first commitment decision on the basis of both national and EU law in a case concerning an abuse of (...)

The Dutch Trade and Industry Appeals Tribunal overturns a decision by the NCA not to investigate an excessive pricing complaint (KLM / SLM)
Oxera (Amsterdam)
Netherlands 6 contributions 1636 visits
The complaint The appeal relates to a complaint submitted by a society of travellers (Vereniging van Reizigers -“VVR”) to the Netherlands Competition Authority (“NMa”) on 16 April 2003. The complaint alleges that the airlines KLM and SLM are abusing their dominant position on the route Amsterdam - (...)

The Dutch Trade and Industry Appeals Tribunal rejects contestable market argument and orders NCA to reinvestigate abuse of dominance (KLM / SLM)
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 2 contributions 3065 visits
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Oxera (Amsterdam)
Netherlands 2 contributions 1434 visits
Facts In 2003 the Vereniging van Reizigers (an association of travellers, hereafter VVR) filed a complaint at the Netherlands Competition Authority, the NMa about abuse of a dominant position by airlines KLM and Surinam Airways (hereafter SLM) on the route Amsterdam - Paramaribo. The NMa (...)

The US Court of Appeals for the 8th Circuit follows a judicial trend applying the "attribution" test under s. 2 of the Sherman Act concerning bundled discounts in the healthcare sector (Southeast Missouri Hospital)
University of Pennsylvania
United States 10 contributions 6409 visits
Are the Courts Moving Toward a Consensus on Bundled Discounts and §2 of the Sherman Act?* The Eighth Circuit’s recent decision in Southeast Missouri Hospital v. C.R. Bard, Inc., ___ F.3d ___, 2010 WL 3220600 (8th Cir. Aug. 17, 2010), aligns this Circuit with the Ninth Circuit’s decision in (...)

The US District Court of Appeal of San Francisco upholds a jury verdict finding that a claim of unfair competition based on below-cost sales of advertising did not require proof of the defendant’s ability to recoup losses by subsequent monopoly pricing (Bay Guardian Company / New Times Media)
Sheppard Mullin (Los Angeles)
United States 46 contributions 7708 visits
A Step Back to Square One? California Court of Appeal Elevates UPA Protection of Competitors Over Protection of Competition in Newspaper Ad Dispute* On August 11, 2010, the California Court of Appeal for the First District upheld a jury verdict in favor of plaintiff Bay Guardian Company (...)

The Slovak Competition Authority gives an unprecedented definition of relevant product market for trademark licensing (Envi-Pak)
Wolf Theiss (Bratislava)
Slovakia 4 contributions 2602 visits
Background On 28 August 2009, the Slovak Antimonopoly Office (“AMO“) adopted a decision against, and delivered to ENVI-PAK, a.s. (“ENVI-PAK”), a company engaged in the waste package materials processing business. ENVI-PAK is the registered holder of the “Der Grüne Punkt” trade mark in Slovakia, (...)

The US FTC settles the first significant antitrust enforcement action brought under section 5 of the FTC Act (Intel)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 29 contributions 9225 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 8 contributions 2941 visits
On August 4, 2010, the Federal Trade Commission (FTC) announced that it entered into an agreement with Intel Corporation to resolve a much-hyped administrative complaint filed on December 16, 2009. The FTC’s complaint against Intel was filed under Section 5 of the FTC Act, shortly after the FTC (...)

The Japan Fair Trade Commission issues draft guidelines on the prohibition of abuse of a superior bargaining position under the Anti-Monopoly Law (AML)
Winston & Strawn (Washington)
United States 27 contributions 22939 visits
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Jones Day (Tokyo)
Japan 7 contributions 5436 visits
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Jones Day (Tokyo)
Japan 8 contributions 4370 visits
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The Japan Fair Trade Commission (JFTC) has issued draft guidelines on enforcement of the prohibition on abuse of a superior bargaining position, which long has been a violation of Japan’s « Anti-Monopoly Law » (AML) and has been enforced mostly through the Japanese administrative guidance system. (...)

Mergers

 The US District Court for the District of Minnesota dismisses the US FTC complaint seeking divestiture and disgorgement remedy in consummated acquisition in the healthcare industry (Lundbeck)
Jones Day (Washington)
United States 17 contributions 14057 visits
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Jones Day (Washington)
United States 19 contributions 6164 visits
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Jones Day (Washington)
United States 11 contributions 6290 visits
In a decision that was filed under seal in late August but released publicly just last week, the U.S. District Court for the District of Minnesota dismissed with prejudice the complaint filed by the Federal Trade Commission (FTC) and the State of Minnesota challenging the already-consummated (...)

The US District Court for the District of Minnesota rules against the FTC by holding that it has failed to prove the relevant market requirement in a pharmaceutical merger case (Lundbeck)
Wolters Kluwer (Riverwoods)
United States 78 contributions 38572 visits
FTC Loses Suit against Drug Maker over 2006 Acquisition* The Federal Trade Commission recently suffered a significant setback in its merger enforcement efforts when the federal district court in Minneapolis rejected an action brought by the agency along with the State of Minnesota against (...)

The Chinese State Council promulgates opinions on the promotion of mergers and the restructuring of enterprises
University of Melbourne
Australia 103 contributions 28192 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25137 visits
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Institute of American Studies (Beijing)
China 52 contributions 14747 visits
China’s State Council promulgated the Opinions on the Promotion of Mergers and Restructuring of Enterprises (Opinions) on 28 August 2010 and published the Opinions on the Central Government website on 7 September. The Opinions state that certain industries and sectors in China have serious (...)

The US DoJ approves a merger between two airlines companies, subject to an undertaking to lease routes to a competitor (United / Continental)
Akin Gump Strauss Hauer & Feld (Dallas)
United States 18 contributions 4974 visits
The DOJ cleared the merger between United and Continental Airlines, pursuant to their agreement to lease routes for 18 round-trip flights to and from Newark Liberty International Airport to Southwest Airlines. As a surprise to many, the DOJ’s analysis determined that the flight routes and (...)

The French Competition Authority clears a concentration in the aggregates sector subject to remedies (Eurovia / Tarmac)
Herbert Smith Freehills (Paris)
France 93 contributions 44183 visits
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French Competition Authority (Paris)
France 8 contributions 2326 visits
In its decision dated 20 August 2010, the French competition authority (the “FCA”) cleared the acquisition by Eurovia of sole control over six subsidiaries of the Tarmac group ("Tarmac") (the “concentration”), subject to remedies. Although the proposed concentration had a Community dimension, the (...)

The US DoJ and FTC revise horizontal merger guidelines which outline how the agencies evaluate the likely competitive impact of mergers and their compliance with US law
IPR University Center (Helsinki)
Finland 29 contributions 5309 visits
U.S. Department of Justice and Federal Trade Commission issue revised Horizontal Merger Guidelines* On 19 August 2010 the U.S. Department of Justice and Federal Trade Commission (“agencies”) issued revised Horizontal Merger Guidelines which outline how the agencies evaluate the likely (...)

The US DoJ and FTC issue new merger guidelines suggesting increased focus on deals in high tech and pharmaceutical sectors
Gibson Dunn (New York)
United States 18 contributions 10504 visits
New U.S. Merger Guidelines Suggest Increased Focus on Deals in High Tech and Pharmaceutical Sectors* In August 2010, the U.S. antitrust agencies released the final version of their revised Horizontal Merger Guidelines, which they use to analyze the competitive implications of mergers between (...)

The US merger guidelines introduce Gross Upward Pricing Pressure Index -GUPPI- to score merger’s potential unilateral effects
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 64 contributions 29425 visits
A GUPPI Revolution in the EU?* The new U.S. Horizontal Merger Guidelines, issued in August 2010, introduce the so-called GUPPI test, the Gross Upward Pricing Pressure Index. According to the U.S. Guidelines, “[a]dverse unilateral price effects can arise when the merger gives the merged entity (...)

The US FTC and DoJ issue revised horizontal merger guidelines
Covington & Burling (Washington)
United States 14 contributions 10539 visits
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Covington & Burling (Washington)
United States 14 contributions 1245 visits
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Rule Garza Howley (Washington)
United States 7 contributions 385 visits
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Last week, the U.S. Justice Department (“DOJ”) and Federal Trade Commission (“FTC”) (together, the “Agencies”) issued revised Horizontal Merger Guidelines (the “Guidelines”) describing how the Agencies seek to determine whether a merger of competing companies will substantially lessen competition. The (...)

The US DoJ and FTC issue new horizontal merger guidelines increasing antitrust attention on mergers limiting innovation
University of Pennsylvania
United States 10 contributions 6409 visits
The 2010 Horizontal Merger Guidelines and Restraints on Innovation* The 2010 Horizontal Merger Guidelines give increased treatment to a topic that was not well developed in previous Guidelines – namely, mergers that threaten to restrain innovation. The 1968 Guidelines had contained a statement (...)

The US DoJ and FTC issue new merger guidelines intensifying the discussion on market definition and market concentration in merger reviews
DLA Piper (Helsinki)
Finland 2 contributions 753 visits
Status quo of structural assumption in merger control* Public discussion on merger control in the last few years of has put the spotlight on two elements of contemporary merger analysis: market definition and market concentration, of which the former has raised considerable debate, in (...)

The Chinese MOFCOM conditionally clears a merger in the market of eye-care antibiotic products and of contact lens care products (Novartis / Alcon)
CIETAC
France 2 contributions 2309 visits
I. Key Facts of the Case Novartis International AG, in Hünenberg, Switzerland, the world’s sixth largest pharmaceutical company, has a center in Shanghai established in 2006, besides two other R&D centers worldwide, in Switzerland and the Unites States. Alcon, as the world’s second largest (...)

The Chinese MOFCOM clears with conditions the acquisition of a global supplier in the pharmaceutical sector (Novartis / Alcon)
AnJie Broad Law (Beijing)
China 37 contributions 11980 visits
Conditional approval for Novartis’s acquisition of Alcon* Introduction The Ministry of Commerce’s Anti-monopoly Bureau approved Novartis’s acquisition of Alcon on August 13 2010, subject to conditions.(1) The ministry accepted the filing in respect of the acquisition on April 20 2010 and (...)

The Chinese MOFCOM imposes conditions on a merger in the pharmaceutical industry (Novartis / Alcon)
Jones Day (Shanghai)
China 49 contributions 23099 visits
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Gibson Dunn (Hong Kong)
Hong Kong 26 contributions 11930 visits
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Jones Day (Beijing)
China 42 contributions 20025 visits
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After a four-month review, on 13 August 2010, China’s Ministry of Commerce (“MOFCOM”) authorized Novartis‘ acquisition of Alcon subject to conditions. Taking different approaches than one would see in the U.S. or European Union, MOFCOM’s decision is notable for the demanding view it takes of (...)

The Chinese MOFCOM conditionally clears a merger in the pharmaceutical industry (Novartis / Alcon)
Linklaters (Beijing)
China 17 contributions 8060 visits
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Euclid Law (London)
United Kingdom 16 contributions 5019 visits
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Cooley (Brussels)
Belgium 18 contributions 6905 visits
On 13 August 2010, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a conditional approval for the proposed acquisition of Alcon (“Alcon”) by Novartis AG (“Novartis”). The decision was issued after a merger review of just under four months (one month for Phase One review (...)

The Chinese MOFCOM reviews the first two years of implementing the merger control regime under the anti-monopoly law act 2007
University of Melbourne
Australia 103 contributions 28192 visits
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China Competition Bulletin (Beijing)
China 101 contributions 25137 visits
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Institute of American Studies (Beijing)
China 52 contributions 14747 visits
The Anti-Monopoly Bureau (AMB) of MOFCOM held a press conference on 12 August 2010 to review the first two years of implementing the AML merger control regime. Director General Mr Shang Ming introduced the enforcement and legislative work of the AMB and answered journalists’ questions. (...)

The European Commission refers parts of a proposed acquisition concerning public passengers transports to the French and Dutch competition authorities, at their request (CDC/Veolia Environment/Transdev/Veolia Transport)
JG Associates (Brussels)
193 contributions 62540 visits
"Mergers: main developments between 1 May and 31 August 2010"* On 12 August the Commission referred the part of the proposed acquisition that relates to the activities of Veolia Transport and Transdev in France and the Netherlands respectively to the French and Dutch competition authorities, (...)

The EU Commission approves the acquisition of UK rail and bus operator by German incumbent rail and bus operator (Deutsche Bahn / Arriva)
JG Associates (Brussels)
193 contributions 62540 visits
"Mergers: main developments between 1 May and 31 August 2010"* The Commission approved the proposed acquisition of rail and bus operator Arriva plc of the UK by Deutsche Bahn on 11 August. The decision is conditional upon Deutsche Bahn‘s commitment to divest Arriva Deutschland, which includes (...)

The UK OFT decision in car club merger highlights complexities of UK’s "voluntary" merger review regime (Zipcar, Streetcar)
Corrs Chambers Westgarth (Sydney)
Belgium 6 contributions 5641 visits
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Digicel (London)
United Kingdom 3 contributions 2009 visits
On 10 August 2010, the UK Office of Fair Trading (OFT) referred Zipcar‘s already-completed acquisition of Zipcar to the UK Competition Commission (CC) for an in-depth investigation. Zipcar and Zipcar now must suspend further integration of their businesses, pending the outcome of the CC’s (...)

The Dusseldorf Court of Appeals annuls the decision by the German Competition Authority which prohibited a petrol distributor from acquiring 59 petrol stations (Total / OMV)
Fried Frank Harris Shriver & Jacobson (London)
United Kingdom 5 contributions 23768 visits
I. Introduction On August 4, 2010, the Düsseldorf Court of Appeals (the Court) annulled the decision by the German Federal Cartel Office (FCO) which prohibited Total Deutschland GmbH (Total) acquiring 59 petrol stations from OMV Deutschland GmbH (OMV). This judgment is a setback for the FCO, (...)

Relevant Market – Commitments  : The European Commission refines its market definition for finished dose pharmaceuticals and clears an acquisition in this sector subject to commitments (Teva/Ratiopharm)
Van Bael & Bellis (Brussels)
Belgium 23 contributions 23819 visits
Eur. comm., dec. art. 6(2) Reg. 139/2004, 3 August 2010, Teva/Ratiopharm, case COMP/M.5865 On 3 August 2010, the European Commission cleared, subject to conditions and obligations, the acquisition by Teva Pharmaceutical Industries Limited (« Teva ») of Merckle GmbH, CT Arzneimittel GmbH and (...)

State Aid

 The French Administrative Court of Appeal of Nantes rejects the reimbursement of the already recovered sums of an illegal State aid from the beneficiary despite a formal illegality of the recovery orders (Scott / Kimberly Clark)
European Court of Justice (Luxembourg)
Luxembourg 11 contributions 30440 visits
Scott and Kimberly Clark has been a long-standing saga in front of the French Courts that has often needed CJEU intervention. Scott Paper Company is an American company engaged in the manufacture of paper. To enable the construction of a manufacturing plant in France, Scott SA, a French (...)

The EU Commission approves State aid scheme concerning the roll out of a public open network in the Spanish region of Catalonia (Xarxa Oberta)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission has approved the rollout of a public open network (Xarxa Oberta) in the Spanish region of Catalonia. The network will serve the connectivity needs of the regional administrative centres in the region and will be (...)

The EU Commission closes formal investigation procedure on state aid granted by Poland to company specialized in civil and military aviation hydraulics (PZL Hydral)
European Commission - DG COMP (Brussels)
Belgium 98 contributions 34142 visits
"State aid: main developments between 1 May and 31 August 2010"* The Commission has closed on 4 August 2010 the formal investigation procedure on state aid to PZL Hydral, a company which was specialised in civil and military aviation hydraulics. The Commission had concerns that the original (...)

Procedures

 A US trial Court holds a more rigorous approach to class certification (Plastic Additives Antitrust Litigation)
Allen & Overy (Palo Alto)
United States 17 contributions 13034 visits
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3 contributions 1164 visits
An August 31, 2010 trial court decision in Plastic Additives Antitrust Litigation is likely to be widely cited by defense counsel in class action cases provides an important example of the scrutiny needed in evaluating dueling testimony by experts. The decision is an early case to apply the (...)

The US District Court for the Eastern District of New York admits the confidentiality of documents emanating from the EU Commission’s investigation (Visa / MasterCard)
European Commission
Belgium 714 contributions 215580 visits
European Commission: Recent Developments on Discovery following Amicus Curiae* On 27 August 2010, the US District Court of the Eastern District of New York, Judge John Gleeson, on appeal issued an order whereby access by the plaintiffs to a Statement of Objections and to a transcript of an (...)

The Czech Constitutional Court rules that an inspection at the business premises of a company does not require prior judicial authorization (Delta Pekarny)
Havel and Partners
7 contributions 11193 visits
Introduction On 26 August 2010 the Czech Constitutional Court rendered a judgment whereby it rejected as manifestly ill-founded a constitutional appeal of business company Delta Pekarny (one of the largest companies on the bakery market in the Czech Republic) against the judgment of the (...)

The US FTC reaches a settlement in a case of on-line misleading reviews (iTunes)
Wolters Kluwer (Chicago)
United States 4 contributions 1142 visits
FTC Settles Case About Fake iTunes Reviews* In response to an investigation by the Federal Trade Commission into suspicious customer reviews posted on an online store’s website, a public relations firm and its sole owner agreed to remove the reviews from the website and refrain from (...)

The Dutch Competition Authority adopts a new procedure concerning the inspection and copying of analog and digital data and documents
European Commission
Belgium 714 contributions 215580 visits
The Netherlands: Competition Authority (NMa) adopts a new Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents On 17 August 2010, a revised version of the NMa Procedure in relation to the Inspection and Copying of Analog and Digital Data and Documents (...)

The Dutch Competition Authority adopts guidelines on dawn raids
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45703 visits
On 16 August 2010, the Dutch Competition Authority (the “NMa”) published new guidelines on dawn raids. These guidelines were adopted after a consultation round among stakeholders held at the beginning of 2010. These guidelines amend and replace the NMa‘s former guidelines on dawn raids of December (...)

The Romanian Government adopts substantial reform of the Romanian competition law
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45703 visits
On 5 August 2010, the Government Emergency Ordinance 459/2010 (hereinafter, the “GEO”) amending the Romanian Competition Law 21/1996 (hereinafter, the “Romanian Competition Law”) entered into force. The substantial amendments made to the Romanian Competition Law follow legal developments in the (...)

A Czech Regional Court orders Competition Office to issue decision in short time limit (Sokolovská uhelná)
European Commission
Belgium 714 contributions 215580 visits
Czech Republic: Regional Court orders Competition Office to issue Decision in short Time Limit On 4 August 2010, the Regional Court in Brno decided that the Office for the Protection of Competition («the Office«) was to issue its final decision (second instance decision) in the pending case (...)

The European Ombudsman clears Commission’s refusal to grant access to preliminary assessment in a commitment case (E.ON)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 45703 visits
On 7 May 2008, the Commission adopted a preliminary assessment within the meaning of Article 9 of Regulation 1/2003 concerning alleged abusive practices by E.ON and its subsidiaries on the German electricity wholesale and balancing markets. On 27 May 2008, E.ON submitted commitments with a view (...)

The Serbian Competition Authority issues its fining guidelines
University of Macau - Faculty of Law (Macau)
China 283 contributions 223357 visits
The Law on Protection of Competition is applied by the Serbian Competition Authority (KZK) from 1 November 2009. At the same time it took some time for the Government to adopt the secondary legislation that would regulate in more detail the substantive and procedural aspects of the KZK‘s (...)

The Serbian Competition Authority issues leniency guidelines
University of Macau - Faculty of Law (Macau)
China 283 contributions 223357 visits
On 2 August 2010 the Serbian Competition Authority (KZK) released the long-awaited Leniency Guidelines that regulate the procedure of application for and granting of immunity from fines or reduction of fines for participation in an anticompetitive agreement in violation of the national (...)

The Moldovan Competition Authority releases its 2009 annual report
University of Macau - Faculty of Law (Macau)
China 283 contributions 223357 visits
In August 2010 the Moldovan Competition Authority (ANPC) released its 2009 Annual Report, where it summarized its enforcement activities carried out in 2009 and outlined priorities for 2010. In 2009 the ANPC initiated 51 investigations and issued 89 decisions and 34 prescriptions. Within the (...)

Regulatory

 The Polish Competition Authority issues a report on the development of competition and consumer protection on the railway transport markets
European Commission
Belgium 714 contributions 215580 visits
Poland: Report on the Directions of Development of Competition and Consumer Protection on Railway Transport Markets in Poland* On 30 August 2010, the Polish Office of Competition and Consumer Protection (UOKiK) released a Report on the Directions of Development of Competition and Consumer (...)

The US Department of Justice and Federal Trade Commission release new Horizontal Merger Guidelines which include what amounts to a "gross upward pricing pressure index" (GUPPI)
Georgetown University (Washington D.C.)
United States 2 contributions 1620 visits
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CRA International (Washington)
United States 1 contribution 86 visits
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CRA International (Washington)
United States 1 contribution 86 visits
Scoring Unilateral Effects with the GUPPI: The Approach of the New Horizontal Merger Guidelines* The US Department of Justice and the Federal Trade Commission released the 2010 Horizontal Merger Guidelines on August 19, 2010. This note explains the approach set out in the 2010 Merger (...)

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